Penal Code, 1860–Sec. 420–Rajasthan Public Gambling Ordinance, 1949–Secs. 3 & 4–Information Technology (Amendment) Act, 2008–Sec. 66–FIR for the offence–Sustainability–Petitioner was found engaged in functioning as a bookie/broker for facilitating betting in cricket matches–No one approached before the police raising the grievance of cheating–It cannot be said that the petitioner is guilty of the offence u/s. 420–Offence u/s. 66 of IT Act is also not made out as the basic elements of unauthorized use of computer or taking away any data is absent–Offences u/ss. 3 & 4 are non-cognizable and FIR cannot be registered –FIR is liable to be quashed.
